A quintet of New York museums are moving to dismiss a $100 million lawsuitfiled against them by artist Robert Cenedella, the star of the documentary Art Bastard. Cenedella insists that the institutions are conspiring to raise prices for a group of pre-approved artists’ work while purposely excluding equally deserving artists like himself, in violation of antitrust laws.

Robert Cenedella wants museums to admit they aren’t necessarily showing the best art.

Cenedella’s complaint, which has already been amended at the judge’s request, “falls far short of stating a plausible claim,” the museums wrote in a brief supporting the motion to dismiss the case. “Plaintiff is disappointed that the five museums named as Defendants in this case have not purchased or exhibited his artwork. But this grievance has nothing to do with the law, let alone the antitrust laws, which are intended to protect competition.”

The lawsuit hinges on the existence of an unsubstantiated agreement between the defendants and prominent art galleries, which allegedly provide financial support for the museums in exchange for representation in their exhibitions and collections. This, in turn, supposedly drives up the prices for these chosen artists, making it even more difficult for artists like Cenedella to compete.

But the museums contend that they do not actually benefit from such a system. If a desirable artist’s work skyrockets in price, it becomes more difficult for them to acquire it. “A conspiracy that only increases the financial burden on the alleged conspirators is completely implausible,” the museums wrote. They also point out that a conspiracy to artificially inflate the market, should it exist, would actually hurt collectors looking to purchase the overpriced work and later donate it to an institution.

Robert Cenedella at the premier of Art Bastard in New York City. Photo: Eugene Gologursky/Getty Images for CAVU Pictures & Concannon Productions.

The museums’ brief points out that “neither this article, nor the Complaint, contain any facts supporting an inference of an agreement between the Museums and these five galleries (or any Museum and any gallery) to deal exclusively or otherwise.” There is also no evidence of any communications between the galleries and museums that would help prove the existence of the alleged conspiracy.

“Mr. Cenedella is committed to level the playing field and foster legitimacy and transparency to the art world,” the artist’s lawyer, Robert J. Hantman of New York’s Hantman & Associates, told Law360. “The outpouring of support for this case is unparalleled.”

The museums’ attorney, William F. Cavanaugh Jr. of New York’s Patterson Belknap Webb & Tyler, declined to comment on the case.